The Rule of Law in Brazil

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509934960
Total Pages : 265 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Rule of Law in Brazil by : Juliano Zaiden Benvindo

Download or read book The Rule of Law in Brazil written by Juliano Zaiden Benvindo and published by Bloomsbury Publishing. This book was released on 2022-07-28 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a broad perspective of the functioning, evolution, and dynamics of the rule of law in Brazil. It stresses not only how the rule of law has developed in the legal system, but also how the political institutions and extra-legal organisations have transformed its foundations. The rule of law is not a simple concept when it comes to defining the political, economic, and legal developments of a country like Brazil. Similar to many other Latin American countries, Brazil is a young democracy struggling with its longstanding extractive institutions and entrenched interests. It features, however, one of Latin America's richest constitutional moments, when civil society actively participated in drafting the most democratic constitution in the country's history. Brazil has since strengthened its institutions and the rule of law, but the road toward consolidating them has been challenged by inequality and the legacies of that authoritarian past. The book explores how Brazilian democracy has dealt with the high levels of social inequality and the authoritarian mindset that still play a big role in its fate, and asks whether the country's democratic achievements and institutional framework are sufficiently strong to enforce the rule of law as an imperative for Brazil's development, especially in times when the country is most in need of them.

Making Law Matter

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Publisher : Stanford University Press
ISBN 13 : 0804758239
Total Pages : 288 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Making Law Matter by : Lesley McAllister

Download or read book Making Law Matter written by Lesley McAllister and published by Stanford University Press. This book was released on 2008-05-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Making Law Matter presents the first book-length treatment of an innovative prosecutorial institution, the Brazilian Ministrio Publico, which refashioned itself in the 1980s into a powerful defender of citizen rights in environmental protection, as well as in other areas of public interest such as disability rights, consumer protection, and anti-corruption.

Introduction to Brazilian Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041167854
Total Pages : 298 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Introduction to Brazilian Law by : Fabiano Deffenti

Download or read book Introduction to Brazilian Law written by Fabiano Deffenti and published by Kluwer Law International B.V.. This book was released on 2016-11-15 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an updated edition of the only full-scale book in English on the law of a country that in recent years has emerged as a leading player on the world’s stage. Brazil’s markets have flourished as courts, legislators and a sophisticated legal elite have continuously adapted foreign rules to the country’s realities, giving Brazil a formidable edge in attracting foreign investors. Sixteen notable Brazilian authorities describe and analyse the laws, regulations and jurisprudence in all the major fields of legal practice and administration, paying detailed attention to such elements as the following: - the multiple interwoven sources of Brazilian law; - administrative agencies and procedures; - Brazil’s unique ‘social function of contracts’ principle; - corporate and related structures; - the new Brazilian civil procedure code and arbitration rules; - constitutional principles and judicial review; - fiduciary transfers and insolvency issues; - complex rules of criminal procedure; - mandatory succession rules; - labour law compliance; - private international law; and - taxation. Each chapter is followed by an up-to-date reference list of works both in English and in Portuguese. This book provides practitioners with information more than sufficient to navigate through any area of Brazilian law. Lawyers and scholars will find here an overview that will continue to be useful as a resource in facing and overcoming the challenges inherent in engaging with Brazil’s economy and legal realities.

Private International Law in Brazil

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041192506
Total Pages : 404 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Private International Law in Brazil by : Jacob Dolinger

Download or read book Private International Law in Brazil written by Jacob Dolinger and published by Kluwer Law International B.V.. This book was released on 2017-10-20 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Brazil. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Brazil. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.

The Unwritten Brazilian Constitution

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Publisher : Rowman & Littlefield
ISBN 13 : 1793623708
Total Pages : 285 pages
Book Rating : 4.7/5 (936 download)

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Book Synopsis The Unwritten Brazilian Constitution by : Rubens Becak

Download or read book The Unwritten Brazilian Constitution written by Rubens Becak and published by Rowman & Littlefield. This book was released on 2020-11-09 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal – STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.

Political (In)Justice

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Publisher : University of Pittsburgh Press
ISBN 13 : 0822972832
Total Pages : 281 pages
Book Rating : 4.8/5 (229 download)

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Book Synopsis Political (In)Justice by : Anthony W. Pereira

Download or read book Political (In)Justice written by Anthony W. Pereira and published by University of Pittsburgh Press. This book was released on 2005 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a thorough examination of political repression in Brazil, Chile, and Argentina, Anthony Pereira illuminates the ways in which the long-term relationship of a country’s military and judiciary can explain a regime’s overall approach to the law.

Brazilian Commercial Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 904116829X
Total Pages : 698 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Brazilian Commercial Law by : Silvia Fazio

Download or read book Brazilian Commercial Law written by Silvia Fazio and published by Kluwer Law International B.V.. This book was released on 2015-09-14 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brazil's power to attract international investors has become irresistible. Large-scale economic development, massive infrastructure projects, substantial agribusiness and commodities markets, and newly discovered oil and natural gas resources-combined with improvements in social standards and a consolidation of democratic institutions-have spearheaded the emergence of Brazil as a formidable global economy challenging the developed nations. This is the first book in English to provide a detailed guide to the ways into and around the Brazilian economy. Thirty seven leading Brazilian practitioners describe and interpret laws and regulations governing business set-up procedures, transactions, contracts, financing, taxation, securities, intellectual property, real estate, dispute resolution, environmental protection, labor, insolvency, competition, trade remedies, anti-corruption, private funds and insurance. They explore every issue likely to be important to investors, including the following: • competition, mergers and acquisitions, joint ventures; • contractual clauses, statutory requirements on specific agreements; • tax incentives available for infrastructure projects; • listing and offering requirements in capital and securities markets; • licensing, franchising, and other intellectual property agreements; • civil proceedings, arbitration, and the mechanisms of dispute resolution; • the structure of the Brazilian judiciary system; • rules on conflicts of law and competence of jurisdiction; • real property acquisition and development; • environmental liabilities; • forms of employment and employment contracts; • insolvency and bankruptcy proceedings; • trade remedy system; • anti-corruption legislation; • private equity, venture capital and investment funds; and • insurance and re-insurance. Taking the point of view of a commercial lawyer required to draft and negotiate agreements governed by Brazilian law, each author contributes particular expertise to this incomparable resource for potential and actual investors in Brazil and their counsel. Thoroughly up-to-date in its exploration and understanding of the legal transformations that are taking place in Brazil, this book will be invaluable to corporate lawyers, investors, academics, and policymakers interested in Brazil's role in the global economy.

Afro-Latin American Studies

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Publisher : Cambridge University Press
ISBN 13 : 1316832325
Total Pages : 663 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Afro-Latin American Studies by : Alejandro de la Fuente

Download or read book Afro-Latin American Studies written by Alejandro de la Fuente and published by Cambridge University Press. This book was released on 2018-04-26 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alejandro de la Fuente and George Reid Andrews offer the first systematic, book-length survey of humanities and social science scholarship on the exciting field of Afro-Latin American studies. Organized by topic, these essays synthesize and present the current state of knowledge on a broad variety of topics, including Afro-Latin American music, religions, literature, art history, political thought, social movements, legal history, environmental history, and ideologies of racial inclusion. This volume connects the region's long history of slavery to the major political, social, cultural, and economic developments of the last two centuries. Written by leading scholars in each of those topics, the volume provides an introduction to the field of Afro-Latin American studies that is not available from any other source and reflects the disciplinary and thematic richness of this emerging field.

Federalism, Rule of Law and Multiculturalism in Brazil

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Publisher :
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Federalism, Rule of Law and Multiculturalism in Brazil by : Marcelo Neves

Download or read book Federalism, Rule of Law and Multiculturalism in Brazil written by Marcelo Neves and published by . This book was released on 2001 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Rule of Law in Comparative Perspective

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Publisher : Springer Science & Business Media
ISBN 13 : 9048137497
Total Pages : 253 pages
Book Rating : 4.0/5 (481 download)

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Book Synopsis The Rule of Law in Comparative Perspective by : Mortimer Sellers

Download or read book The Rule of Law in Comparative Perspective written by Mortimer Sellers and published by Springer Science & Business Media. This book was released on 2010-07-23 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.

Cato Handbook for Policymakers

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Publisher : Cato Institute
ISBN 13 : 1933995912
Total Pages : 698 pages
Book Rating : 4.9/5 (339 download)

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Book Synopsis Cato Handbook for Policymakers by : Cato Institute

Download or read book Cato Handbook for Policymakers written by Cato Institute and published by Cato Institute. This book was released on 2008 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers policy recommendations from Cato Institute experts on every major policy issue. Providing both in-depth analysis and concrete recommendations, the Handbook is an invaluable resource for policymakers and anyone else interested in securing liberty through limited government.

U.S. Power and the Social State in Brazil

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Publisher : Routledge
ISBN 13 : 1000514412
Total Pages : 219 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis U.S. Power and the Social State in Brazil by : Júlio Cattai

Download or read book U.S. Power and the Social State in Brazil written by Júlio Cattai and published by Routledge. This book was released on 2021-12-29 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyzes the elite-led efforts to transform the Brazilian legal order in the period between 1930–1975 and how U.S. Power played a major role in such a process. Besides the global circulation of ideas, the book discusses the Brazilian institutional development in the period. A profound "Crisis of Civilization" marked the first decades of the century: the references of space and time vanished with the vertiginous expansion of cities and industries, while a myriad of immigrants and former slaves were alleged to be threatening the country’s traditions. Brazilian elites blamed liberalism for such a "Crisis". Based on a decade of research, this book centralizes Brazilian history in liberalism and offers a genealogy of the jurisprudential and institutional struggles to correct the culture of laissez-faire. Using archival sources, it shows the direct U.S. influence on Brazilian thought and development. Recasting the history of legal ideas in the 20th century and providing novel interpretations on major political processes, it offers a rigorous and fresh look at the development of liberalism in the country. Covering five decades of history and offering a transnational approach involving the U.S. hegemonic role in Brazil, this book will be of interest to scholars and students of law, U.S. foreign policy, area studies and international relations.

Media Law in Brazil

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403512563
Total Pages : 226 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Media Law in Brazil by : Clara Iglesias Keller

Download or read book Media Law in Brazil written by Clara Iglesias Keller and published by Kluwer Law International B.V.. This book was released on 2022-10-20 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in Brazil surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting, the Internet, commercial communications, political advertising, concentration in media markets, and media regulation. Among the topics that arise for discussion are privacy, cultural policy, protection of minors, competition policy, access to digital gateways, protection of journalists’ sources, standardization and interoperability, and liability of intermediaries. Relevant case law is considered throughout, as are various ethical codes. A clear, comprehensive overview of media legislation, case law, and doctrine, presented from the practitioner’s point of view, this book is a valuable time-saving resource for all concerned with media and communication freedom. Lawyers representing parties with interests in Brazil will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative media law.

Constitutional Erosion in Brazil

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Publisher :
ISBN 13 : 9781509941971
Total Pages : 208 pages
Book Rating : 4.9/5 (419 download)

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Book Synopsis Constitutional Erosion in Brazil by : Emilio Peluso Neder Meyer

Download or read book Constitutional Erosion in Brazil written by Emilio Peluso Neder Meyer and published by . This book was released on 2021 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book provides a fascinating analysis of a single jurisdiction, Brazil, and accounts for both the successes and the failures of its most recent constitutional project, inaugurated by the Constitution of 1988. It sets out the following aspects of the constitutional development and erosion: - the different phases of the promised transition from military rule to a 'social-democratic constitutionalism'; - the obstacles to democratisation derived from the absence of true institutional reforms in the judicial branch and in the civil-military relationship; - the legal and social practices which maintained a structure that obstructed the emergence of an effective social-democracy, such as the neoliberal pattern, the acceptance in the political field of unlawful organisations, such as the milícias, and the way the digital revolution has been harming the formation of democratic sovereignty. Situating Brazil in the global context of the revival of authoritarianism, it details the factors which are common to the third wave of democratisation reflux. Accounting for those aspects, particular to the Brazilian jurisdiction, it shows that there is a tension in the Brazilian constitution. On the one hand, such constitutionalism was renewed by democratic pressure on governments to undertake social politics since 1988. On the other hand, it retained authoritarian practices through the hands of diverse institutions and political actors. By exploring the idea of 'social-democratic constitutionalism' the book presents a comparative look at jurisdictions which share a similar sharp inequality including Thailand, Argentina and South Africa."--

Constitutional Erosion in Brazil

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942602
Total Pages : 320 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Constitutional Erosion in Brazil by : Emilio Peluso Neder Meyer

Download or read book Constitutional Erosion in Brazil written by Emilio Peluso Neder Meyer and published by Bloomsbury Publishing. This book was released on 2021-07-15 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a fascinating analysis of a single jurisdiction, Brazil, and accounts for both the successes and the failures of its most recent constitutional project, inaugurated by the Constitution of 1988. It sets out the following aspects of the constitutional development and erosion: - the different phases of the promised transition from military rule to a 'social-democratic constitutionalism'; - the obstacles to democratisation derived from the absence of true institutional reforms in the judicial branch and in the civil-military relationship; - the legal and social practices which maintained a structure that obstructed the emergence of an effective social-democracy, such as the neoliberal pattern, the acceptance in the political field of unlawful organisations, such as the milícias, and the way the digital revolution has been harming the formation of democratic sovereignty. Situating Brazil in the global context of the revival of authoritarianism, it details the factors which are common to the third wave of democratisation reflux. Accounting for those aspects, particular to the Brazilian jurisdiction, it shows that there is a tension in the Brazilian constitution. On the one hand, such constitutionalism was renewed by democratic pressure on governments to undertake social politics since 1988. On the other hand, it retained authoritarian practices through the hands of diverse institutions and political actors. By exploring the ideas of constitutional erosion and collapse, as well as democratic, social and digital constitutionalism, the book presents a comparative analysis of Brazil and other jurisdictions, including the United States, South Africa, and Peru.

Justice and Democracy in Brazil

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527504778
Total Pages : 174 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis Justice and Democracy in Brazil by : Maria Borges

Download or read book Justice and Democracy in Brazil written by Maria Borges and published by Cambridge Scholars Publishing. This book was released on 2023-04-25 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book details the struggle to establish and maintain democracy and justice in Brazil after 2000. From 1964 to 1984, Brazil had a dictatorship, which was followed by democratic elections. Later, from 2003 to 2016, the nation enjoyed a very popular and democratic government under President Lula and President Dilma, who created many social and educational programs that raised 32 million people out of extreme poverty. However, as this book highlights, since 2013, the nation has witnessed the rise of a very conservative movement, which led to the impeachment of President Dilma (2016), to the imprisonment of President Lula (2018) and to the election of a right-wing president, who represented a decline in democracy and rights from 2018 to 2022. In 2022, we had new elections, with the victory of President Lula, who took office on January 1, 2023. This book advocates for a new period in Brazilian politics, with full democracy, respect for the rule of law and social justice.

Brazilian Law 101

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Publisher :
ISBN 13 : 9781520782942
Total Pages : 275 pages
Book Rating : 4.7/5 (829 download)

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Book Synopsis Brazilian Law 101 by : Hamilton Castardo

Download or read book Brazilian Law 101 written by Hamilton Castardo and published by . This book was released on 2017-03-08 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: The lines of this book have the difficult mission to help the understanding of Brazilian legal system.The chapters, written in the colloquial form, can be read by anyone. This book is not specifically aimed at legal practitioners, students, teachers or employees who deal with the law, the judiciary or the legal framework; this reading can disseminate knowledge and be enjoyable to all.In the most varied interpretations, the chapters inform about the areas of law that interest the Brazilian citizen or foreigner who wants to know the form chosen by the Brazilian legislator to shape the existing system.This book discusses the law which forms the Brazilian State: the Constitutional Law. Also, the Civil Law, the ways to access the Judiciary, the will established in the contracts, the acts that characterize crime and what are the possible punishments.In each chapter, the reader will be invited to ponder through questioning and responses.The objective will have been achieved if the reader becomes able to form his opinion and defend it with calm and controlled arguments.